HB4348 PS AM 2-17
Roskovensky 3338

The Committee on Political Subdivisions moves to amend the bill on page 1, line 16, by striking everything after the enacting clause and inserting in lieu thereof the following:
"That §24-3-10 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
§24-3-10. Termination of water service for delinquent sewer bills.
(a) In the event that any publicly or privately owned utility, city, incorporated town, municipal corporation or public service district owns and operates either water facilities or sewer facilities, and a privately owned public utility or a public utility that is owned and operated by a homeowners' association owns and operates the other kind of facilities, either water or sewer, then the privately owned public utility or the homeowners' association may contract with the publicly or privately owned utility, city, incorporated town, or public service district which provides the other services to shutoff and discontinue the supplying of water service for the nonpayment of sewer service fees and charges.
(b) Any contracts entered into by a privately owned public utility or by a public utility that is owned and operated by a homeowners' association pursuant to this section must be submitted to the Public Service Commission for approval.
(c) Any privately owned public utility or any public utility that is owned and operated by a homeowners' association which provides water and sewer service to its customers may terminate water service for delinquency in payment of either water or sewer bills.
(d) Where a privately owned public utility or a public utility that is owned and operated by a homeowners' association is providing sewer service and another utility is providing water service, and the privately owned public utility or the homeowners' association providing sewer service experiences a delinquency in payment, the utility providing water service, upon the request of the homeowners' association or the privately owned public utility providing sewer service to the delinquent account, shall terminate its water service to the customer having the delinquent sewer account.
(e) Any termination of water service must comply with all rules and orders of the Public Service Commission: Provided, That the commission's rules may not require:
(1) A municipality or governing body to accept payment for water and/or sewer service at the premises or to knock on the customer's door prior to in lieu of discontinuing service for non- payment, if a representative of the municipality or governing body has previously knocked on that customer's door for the purpose of discontinuing service within the previous two years;
(2) A water and/or sewer facility which is owned or operated by a public or private utility, city, incorporated town or municipal corporation shall provide each customer a thirty day grace period for payment of the customer's water and sewer bill before charging a late fee;
(3) A water and/or sewer facility which is owned or operated by a public or private utility, city, incorporated town or municipal corporation shall provide each customer a thirty day period for payment of the customer's water and sewer bill before being required to send out a notice of termination of service."